to go after terrorism, but what happened was they were not back filled. we didn't have the prosecutors, the fbi didn't do the investigation when the financial crisis hit, and third is, clearly coming from the justice department was the announcement by holder they were concerned that if, in fact, they went into criminal charge against the corporation, that the corporation would, in fact, have a financial crisis, which k frankly, is without precedent. brewer, who was the head of the criminal division, first brought this forward, he testified at two hearings i chaired at the senate judiciary committee, meeting with him several times otherwise, and never once mentioned this as a concern for why they were not moving forward. ashley: interesting stuff. senator kaufman, thank you so much for joining us, appreciate it. >> thank you for having me, ashley. ashley: thank you. tracy: quarter tim, time for stocks, and adam is on the floor of the new york stock exchange. what do you have, adam? >> dow is down, s&p down, nasdaq up. i want to talk to you about one of payne's pick.